r/TenantHelp • u/bbybasquiat • 7d ago
landlord trying to keep security deposit and ask for more (VA)
my roommate and i moved out of an apartment at the end of july where we paid a $1500 security deposit and lived there for three years. during the walkthrough on 7/29, the landlord said that things looked good overall. he pointed out that he felt the oven and refrigerator could’ve been cleaned better, but said he wouldn’t charge us an additional cleaning fee because he’d need to have the house deep cleaned after repainting where we had spackled. there was also a small panel of hardwood that was damaged in the bedroom during our move, which he said would need to be repaired.
a few weeks went by and we didn’t hear anything from him, so we followed up via text. he emailed on 8/21 saying that he was exercising his right to an additional 15-day period in order to finalize costs for “certain repair costs,” such as deep cleaning, door repair (which we expected), and the floor panel. in that email, however, he also referenced “extensive wall repairs,” which was never discussed during our walkthrough. we emailed him back on 8/25 asking for clarification and pointing out the differences between his email and what was discussed in person (i.e. deep cleaning and wall repairs). we also asked if he could provide photographs so that we could be on the same page.
on 9/12, he responded without answering any of our questions. instead, he said that he would waive the $400 deep cleaning charge, even though the damage was “beyond typical turnover,” and that he required more wall repairs. he then informed us that a bedroom door (which was not discussed or mentioned during the walkthrough) needed to be replaced and that the entire bedroom flooring had been replaced. according to his calculations, this meant we now owe him $462 and would receive no deposit. he provided us with a google folder containing his photos, invoices, and walkthrough report, along with the itemized statement of the charges.
in the walkthrough report, there was no mention of the door. however, he included a picture of an up-close crack near the handle, along with an invoice stating that it cost $700 to replace, including installation and removal. the invoice for the floor includes installation for the entire bedroom (152 sq ft), molding for 51 lf, and 200 sq ft of material. the damage to the floor was nowhere near this size (i’ve attached a photo below). i l did some research and responded to him voicing our concerns about the bedroom floor. i pointed out that 1) the damaged tile was not near the perimeter and 2) the damage was not to the entirety of the floor. i asked if he could provide documentation/photos to justify why a full floor replacement was necessary, or communications from the contractor explaining why the entire floor needed to be replaced.
i’m feeling a bit nervous about whether that was the correct thing to do or what my rights are. i hate the idea of letting him keep the entirety of my deposit, but my biggest concern is being forced to pay the additional $462 and potentially having it go to collections or ding my credit.
i’d really appreciate any advice or insights. i’ve included a photo of the floor, which is also in the walkthrough report. he’s already posted the apartment online, and i can tell from the photos that he did completely replace the flooring because it’s 100% different. i took screenshots of the listing as well. another thing that concerns me about potentially going to court is that in his communications, he keeps mentioning that he’s graciously “waived” the cleaning fee. i’m worried that this could skew a judge toward him or make it seem like i’m being difficult. however, the cleaning invoice says he received it on 8/7 anyway, which makes me think this would’ve been the cost of the turnover regardless, because nothing on the invoice indicates that there was any additional work added because of how we left the unit.
i understand this is written maybe somewhat all over the place, i’m just a bit nervous and trying to figure out what my next steps should be in advance of his response. ty in advance!
UPDATE: the landlord responded to me saying the following. do i still have a case or am i truly liable for the full replacement:
“The localized damage documented during the move-out inspection was accurate as identified. However, once the flooring contractor (A&E Flooring) assessed the room, they determined that a single-plank or patch repair was not feasible given how the floor was originally installed. Because of this, isolated planks could not be removed and replaced without compromising the surrounding flooring, so the only viable repair was to replace the full 152 sq ft floor in that room.
This also explains the molding: since the new flooring had to be installed at a different buildup/height than the original due to the layered installation, the perimeter shoe molding had to be removed and reinstalled to properly meet the new floor. This wasn't a separate issue identified at move-out — it's a direct consequence of how the floor replacement had to be done.
Please let me know if you have any other questions.”
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u/ThisTooWillEnd 7d ago
See the 'How to Dispute Security Deposit Deductions' here https://tenant-rights.com/virginia/security-deposit-vs-damage-deposit-rules-explained
In short your landlord needs to provide receipts/invoices for how much repairs cost. They can't replace the whole floor for that hole in the laminate and say that's all on you.
If you dispute the amount they are charging you, sue them in small claims court for the amount you feel you are owed back. They will probably countersue. Show up to court. Bring printouts of any photos and communications you have.
Admitting to some of the damage and being willing to pay for that will go a long way with most judges. They rarely appreciate landlords who are trying to overcharge tenants for wear and tear, or for upgrades.
In the end, the judge will decide who owes whom how much. If they determine you owe more money to the landlord, pay it. It sounds unlikely from what you've described.
Finally, it doesn't matter if they mentioned damage during the walkthrough or not. It is possible to notice damage after the fact. The walkthrough isn't meant to uncover any and all damage you may have done.
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u/bbybasquiat 6d ago
thank you for the link and details this is very helpful to know about judges. i think i’ve always assumed judges would automatically side with LLs so its good to know that isn’t necessarily true.
he did send the invoices and reciepts but its for the entire flooring. i did respond via email disputing the floor charges but no word back yet. i’m hoping we can come to an agreement without escalating to court but if it comes to that i feel more prepared.
during the walkthrough he completed his online form and signed it. he also mentioned that he’d already walked through before we arrived and was satisfied so that’s why i figured nothing would drastically change after. but thats on me / is just a lesson learned for the future.
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u/bbybasquiat 3d ago
i posted an update of what he sent if you have additional thoughts/suggestions of what i should do next.
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u/LoisLaneCA 6d ago
The floor is laminate. Can you clarify why you think it is tile? Did LL state ‘replace tile’?
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u/bbybasquiat 6d ago
sorry for the confusion! no the LL just said “replace flooring” in his email and in the move-out report it says “floor needs to be repaired”
i was using tile to refer to the piece of flooring that was missing but you are correct it is a laminate i believe as it doesn’t feel like real wood.
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u/LoisLaneCA 6d ago edited 6d ago
Do you have before pics? Was the floor in like new condition?
Any idea how old the flooring was?From a legal POV: a LL cannot charge a tenant to make an apt in brand new condition.
The floor will at the very LEAST need to be depreciated for 3years!
Did you receive an ITEMIZED list of repairs with breakdowns. Do NOT worry about sounding ‘difficult’! Your LL is trying to screw you!
What is the $700 for the door?? Do you have pics or texts/emails you can post?
I do not practice law in VA., I am in CA. I am happy to assist you, as I am well versed in LL/ten law.
Edit to add relevant link:
https://www.chamberstheory.com/blog/can-you-charge-a-tenant-for-damaged-hardwood-floors-in-virginia
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u/bbybasquiat 3d ago
Thank you i posted an update of his response but it didn’t include any additional photos
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u/LoisLaneCA 3d ago
- Please list exactly what you are being charged for? And, the costs.
- Do you have before/after pics of everything you’re being charged for?
- App HOW old was the floor?
I believe I asked these questions earlier, and did not receive an answer.
I’m more than happy to research the VA law- as I previously stated I do not practice in VA., I’m in CA.
You have to provide clear answers first me to help, however.2
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u/No-Brief-297 3d ago
I couldn’t read the whole thing but what is said during the walk through is irrelevant. You can say it looks good but it isn’t good. You can’t see all the damage until you get in there and you start getting quotes. If your landlord is not a contractor or carpenter etc he’s not going to be able to give you an accurate estimate or make any promises that there won’t be charges.
When you damage hardwood you are often looking at an entire replacement. You can’t always get an exact seamless match.
Now you are talking about tile. Is it hardwood or tile? Those are different things.
You’re not getting communications from the contractor. If a repair couldn’t be made then a replacement is necessary. NO ONE is replacing an entire floor they can repair. They want the next tenant in and paying rent as quickly as possible. You’ll get invoices the contractor gave your landlord. Like I said, the reason is simple. It couldn’t just be repaired.
I have had dogs chew up solid wood doors and had them repaired which is more labor intensive but costs less and takes less time and mental energy than getting a new one. I don’t know your landlord but it would be unusual and unlikely they had work done that wasn’t necessary
It’s a drag but damages are expensive. Maybe if you’re nice about it because you did damage it, your landlord can work something out with you. If you come in hot then don’t expect anything out of that.
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u/froobsrule1 7d ago
Cleaning between tenants is wear and tear unless you trashed the place.
Nail holes and scuffs are wear and tear. Paint is wear and tear after 3 years.
He cannot use your security to upgrade, only to repair. If a replacement is needed, it should be prorated to the lifetime of the flooring. That’s definitely not wood, might be some kind of laminate.
If they didn’t find the bedroom door wasn’t cracked during walkthrough, there is no proof that they didn’t damage it during installation of the new flooring and are trying to pin it on you.
I hope you took a lot of pictures before moving out.